Property and Zoning

Real Estate Law

Real estate is the largest item on the balance sheet of most families and many companies. A single annotation entered on the title record, or a single restriction in the zoning status, can change the value of an investment entirely.

Following legal processes relating to immovable property requires knowledge and experience. Our office provides these services with advisors and lawyers specialised in real estate law.

What must be done before purchase

Before a contract is signed on the purchase of immovable property, the title record, the zoning status, the building permit and occupancy certificate, the position as to construction servitude or condominium ownership if any, and the encumbrances on the property must all be examined. Entries such as attachment, mortgage, family residence annotation or expropriation annotation are direct risks for the purchaser.

Promises to sell immovable property and private sale agreements not executed in official form before the land registry do not transfer ownership. Purchases made on the basis of such documents are among the most frequent causes of loss of rights we encounter in practice.

Urban transformation and construction in return for flats

Construction contracts in return for flats create a relationship between the landowner and the contractor spanning many years. The delivery period, the penalty for delay, the allocation of independent units, the authority to grant mortgages and the stage at which title transfers are to be made form the backbone of the contract.

In urban transformation processes, the majority required among owners for a decision, objections to a determination of risky structure, and entitlement following transformation are all subject to special legislation and operate to strict deadlines.

Model house and key — real estate law
Real Estate Law — Property and Zoning

What we handle in this area

  • Examination of title and zoning status, real estate due diligence reporting
  • Preparation of promises to sell and sale agreements for immovable property
  • Construction contracts in return for flats and disputes with contractors
  • Cancellation of title and registration, and collusive transfer actions
  • Actions for dissolution of joint ownership
  • Condominium ownership, management plans and residential complex disputes
  • Lease agreements, eviction and rent determination actions
  • Urban transformation processes and risky structure procedures
  • Expropriation and de facto expropriation actions
  • Acquisition of immovable property by foreign nationals and citizenship applications

Frequently asked questions

Eviction rests on grounds exhaustively listed in the law: need, reconstruction, an undertaking to vacate, two justified warnings, or the tenant's failure to pay rent. Each ground has its own form of notice and its own time limit. A notice not given in due form means the action will be dismissed.
In disputes concerning the eviction of leased immovable property and arising from the lease relationship, applying to a mediator before filing suit has been made a procedural prerequisite. Actions brought without this step are dismissed on procedural grounds.
Please note. The content on this page is for general information purposes and does not constitute legal advice. Deadlines and procedural rules may vary according to the particulars of the file. For an assessment of your specific situation, please contact our office.
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